When Mental Health Precedes Crime: Sentencing to Psych Ward vs. Prison

The decision between a psych ward and a prison as a consequence of criminal behavior largely depends on the individual's mental health history and legal status. Factors such as medication compliance, diagnosis, and potential danger to self or others play significant roles in this determination.

Diagnosis and Medication

One of the primary factors in sending an individual to a psych ward instead of prison is the presence of a diagnosed mental health condition or a history of psychiatric care. When a person gets off their prescribed medication, their behavior can become erratic, leading to actions that draw the attention of law enforcement.

For those with the means to access mental health support, such as insurance or family resources, a plea admitting to the crime with commitment to supervisory care can be part of a negotiated sentence. However, this outcome is not guaranteed, as institutions must adhere to their own standards for admitting individuals with mental health issues.

In cases where the individual lacks the financial means to support their mental health treatment, they may receive care at a certain level while incarcerated. Examples of such programs include those in Indiana, such as Four County Behavioral Health, which handle mental health issues in conjunction with criminal charges.

Civil Commitment and Legal Standards

People who have not been charged or convicted of a crime can also be placed in a psych ward through civil commitment. This process typically starts with a 72-hour evaluation following a report that the individual is a danger to themselves or others. A court hearing then decides whether the person should remain in custody beyond this period, based on the facility's convincing evidence of a danger to self or others.

This process is challenging in today's society, especially due to advancements in psychiatric medications. While modern medications can mitigate the need for continued commitment, many individuals choose not to continue drug treatments due to side effects or costs, leading to potential recommitment periods.

Determination by Authorities

The decision to send a person to a psych ward or prison is often made by the Department of Corrections based on two main criteria.

First: The individual must have a known history of psychiatric care. They must be registered in the government system as someone with a severe mental illness, and this status must predates their criminal activity.

Second: The person must be a danger to themselves. There should be documented evidence of attempted self-harm, either in custody or prior to conviction.

These standards vary significantly by region and legal system, necessitating a nuanced understanding of local laws and practices.

Overall, the approach to sentencing depends heavily on the individual's mental health and the availability of resources for treatment and support. Understanding these factors can help in advocating for appropriate and humane treatment options.